Florence considering measures to combat chronic nuisances

Criminal activity, particularly in motels, spurs city to look at ordinance that would penalize for violations

Nov. 22, 2013

KY 21 FLORENCE KY NOVEMBER 19, 2013 Michael Cartuyvelles (cq) (left), owner of Sub Station II, Dream Street, Florence, supports a nuisance law the city is drafting to address concerns about motels on Dream Street and other areas. In the background at right is Mahesh Nichani, who said his business is not a nuisance although the motel's general manager and co-owner, Saurabh Taneja, who still works there, was among those arrested in a heroin bust there in May. Florence Police had more than 150 'calls for service' to the motel from May to November of this year. Cartuyvelles said he has seen drug deals conducted in the parking lot of his business. The Enquirer/Patrick Reddy

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The city of Florence may be about to bring the hammer down on properties identified as a chronic nuisance.

City Council is considering a chronic nuisance ordinance to help regulate properties that have a negative impact on the city.

Florence Economic Development Director Joshua Wice said the goal is to identify and clean up properties that are magnets for illegal activity and punish irresponsible owners.

“A chronic nuisance policy would identify several activities, several behaviors, that (City Council) would define as nuisance activities,” Wice said. “Under this policy, the activities would become chronic when they occurred at the same property three or more times in a 60-day period or 12 or more times during any 12-month period.”

Mike Cartuyvelles, who owns the Sub Station II restaurant on Dream Street, said the criminal activity at nearby motels has spread to surrounding properties. He has witnessed drug deals in the parking lot of Sub Station II and neighboring businesses, which he says has a negative impact on the entire area.

“We used to have a lot of families coming in at night, but now we get very few, except on the weekend in the afternoon,” Cartuyvelles said. “Dream Street used to be known as a place with a lot of dining options, but it has a different reputation now because of the criminal activity.”

In the draft of the ordinance, the city identified 25 violations that would qualify as a chronic nuisance activity, including prostitution, drug possession or trafficking, and noise violations.

Sanctions could range from a citation for an initial violation to the revocation of an occupational business license, utility service prohibition and summary closure of a business.

The proposed ordinance was the subject of much debate at last week’s City Council caucus meeting, with discussion lasting more than an hour.

Councilman Larry Brown expressed concerns that the ordinance was overreaching because, as it is currently written, all property owners would be subject to its conditions.

“We talked about a problem that we have, particularly with some hotels, and now we’ve included every property owner and we end up with potentially taking the property,” Brown said. “I’ve got a problem with that, a real problem.”

Wice pointed out that there are several steps, including an escalating schedule of fines, and an owner would have to show a complete defiance of the ordinance before foreclosure would be considered.

While citizens would be able to file a complaint against a property owner, such a dispute would not necessarily result in a violation of the ordinance.

To qualify as a violation, nuisance activities could be based on personal observation by a police officer or code enforcement officer. An investigation of a sworn statement by a police or code enforcement officer, which results in a finding of noncompliance, would also qualify as a violation.

Council members have previously identified properties on Dream Street, including the Super 8 Motel, as among those that prompted the need for a chronic nuisance ordinance.

In May, a heroin ring that police say was operating out of the motel was broken up, resulting in six arrests, including that of general manager and minority owner Saurabh Taneja.

Taneja, who police say has pleaded guilty to facilitation to engage in organized crime and is awaiting sentencing, says he actually supports the ordinance.

“Since that time, we have taken a lot of steps that have dropped down police calls to the motel,” Taneja said. “This ordinance would be good for everyone because owners would be responsible for any criminal activities on their properties. It will encourage people to do business the right way and it should come into effect as quickly as possible. ”

Florence Police Department statistics indicate a reduction in calls for service, which include all emergency responses, but there is still considerable activity at the site.

In the six months prior to the May 9 drug-related arrests at Super 8, there were 185 calls for service at the property, or just over one per day. In the six-month period beginning May 10, there were 152 calls, or 5.8 per week.

Cartuyvelles, who has owned Sub Station II for eight years, says he applauds city officials for “taking the bull by the horns.”

“The landlord here has spent a lot of money on renovations to the business and it looks really good now,” Cartuyvelles said. “I have done some upgrades on the inside, too, but none of that matters if people don’t want to come onto the street.”

There will likely be some revisions to the draft that was presented Tuesday, in light of the discussion among City Council members.

The revised document would be presented at a future caucus session prior to a vote at a regular City Council meeting, possibly as early as next month. ⬛

I write stories that have an impact on the lives of residents and business owners in Boone County and other Northern Kentucky communities. mhansel@enquirer.com